High Courts Weekly Round-Up

Allahabad High courtThe Allahabad High Court in a recent case broadened the interpretation of term “outraging the modesty of a woman” under Section 354 of Indian Penal Code.Bombay High CourtBombay High Court directed the Central Board of Film Certification (CBFC) to give fresh Certificate to the Film ‘Udta Punjab’ in Two days. The Court has directed to delete only one scene (actor Shahid Kapoor urinating). The Producer of the Film Anurag Kashyap had moved the Bombay High Court challenging the decision of Censor Board to make a series of cuts from the film.Calcutta High CourtCalcutta High Court read down the Comprehensive Area Development Corporation Employee’s [Death cum Retirement] Benefit Regulations 2008, by striking down the cut-off date. Justice I.P. Mukerji has held that the employees who retired before the cut-off date are also entitled to pension.Delhi High CourtDelhi High Court held that acceptance of an incomplete charge sheet and denying statutory bail (167(2) CrPC] to the accused amounted to apparent abuse of process of Law.Gujarat High CourtThe High Court of Gujarat held that a neighbour cannot be penalized, for the domestic violence committed by the husband and his relatives on the wife.Kerala High CourtThe High Court of Kerala in a PIL, filed by Kerala River Protection Council issued an interim direction, banning the burning of the plastic and rubber waste in public places.The High Court held that a pregnant student, cannot claim any special exemption due to her pregnancy, to appear for an examinationJustice Shaji P Chaly of the High Court ruled that advocates residing in apartments and carrying their office thereto, cannot be termed as a commercial activity.The High Court held that only a husband can be an aggrieved person to file a complaint of adultery. The court was considering the plea of the revision petitioner who stood convicted on concurrent findings of two courts below for the offence of adultery.The Court held in Mohammed Ashraf v State of Kerala, that an offence of death, resulting from rash driving caused by drunken, negligent or adventurous drivers cannot be quashed based on the compromise subsequently entered between the partiesThe High Court held that there is no impediment for an Indian citizen to marry a foreign national under the Special Marriage ActThe High Court of Kerala, through Justice V.Chitambaresh held that there is nothing wrong in boys and girls studying together in a school.Madras High CourtThe High Court of Madras upheld the Constitutional validity of Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006.The Full Court of Madras High Court reiterated the Chief Justice’s assurance to the representatives of the Bar Council and the Bar Associations that pending examination of the Rules no precipitative action will be taken will continue to operate.Madras High Court recently ruled that a person accused of a crime is entitled to be defended by a lawyer of his choice. “It is a fundamental right. It is a constitutional right. It is a basic human right. In the absence of counsel for the accused conducting trial and punishing the accused is against law. It is not fair trial”, the Court added.Punjab & Haryana High CourtThe Punjab and Haryana High Court held that a complaint under Domestic Violence Act is not maintainable after divorce and the domestic relationship between the aggrieved person and the respondent must be present and alive at the time when the complaint under Domestic Violence Act is filed.The High Court upheld a Trial Court verdict which had sentenced convicts under Narcotic Drugs and Psychotropic Substances Act to a punishment beyond prescribed minimum sentence.Punjab and Haryana High Court, dismissed a plea seeking ban of the film ‘ Udta Punjab’ rejecting the allegations that it portrays Punjab in bad light and has done “negative branding” of Punjab and Punjabis, more especially the Punjab youths.

High Courts Weekly Round-Up

Ashok KM

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